MDOT just released the mandatory Draft Environmenal Impact Study (DEIS) for the I-495 & I-270 toll lane proposal, and it’s a massive document for a massive, $11 billion project. Dontwiden270.org will keep you informed of findings in the DEIS as reviewers search through the 18,000 pages. The following are some initial disturbing findings. Further below, you’ll find MDOT’s DEIS process, reactions to the document, actions you can take, and a look at the federal regulations governing the process:
According to the DEIS, the project will make traffic on I-270 worse, not better. Between the Beltway and I-370, evening rush hour traffic in the un-tolled lanes will be slower with toll lanes than without them (Appendix C page 123).
Traffic north of Shady Grove will back up even more, but the DEIS holds back these numbers entirely. The report only includes the numbers for the no-build alternative.
The financial analysis reveals that the P3, contrary to what Governor Hogan promised, will likely need to be subsidized by Maryland taxpayers. Per the Washington Post, “Adding toll lanes to Interstate 270 and most of the Capital Beltway in Maryland could require a government subsidy of $482 million to $1 billion...”
The financial analysis doesn't include the $2 billion cost to move water and sewer pipes.
MDOT’s Process in a Nutshell
The Federal Highway Administration (FHWA) and the Maryland Department of Transportation State Highway Administration (MDOT SHA) serve as the project sponsor and joint lead agency for the National Environmental Policy Act (NEPA) activities for the I-495 & I-270 Public-Private Partnership (P3) Program. These NEPA activities include developing an Environmental Impact Statement (EIS) to evaluate environmental impacts of proposed alternatives for expanding I-270 and I-495 for privatized toll lanes.
A draft EIS (DEIS) was released for public comment on July 10, 2020. The DEIS is 350 pages long plus 17,560 pages of technical documents. It can be searched at View the DEIS Online or hard copies are available for review at these locations and times. The DEIS includes traffic, environmental, engineering, and financial analyses of a No Build alternative as well as six Build alternatives with price-managed toll lanes. It outlines the effects of the project on our air, water, communities, schools, parks, noise levels, traffic and so much more.
There will be 4 virtual and 2 in-person public hearings scheduled for late August and early September. The locations and dates/times for the hearings, as well as instructions for providing testimony can be found at Information about Public Hearings.
TAKE ACTION
The environmental impacts of highway expansion can be extensive and diverse, including the impact on air quality, climate change, storm water facilities, flood plains and wetlands, parks, and public and private properties. The environmental effects on quality of life issues such as health outcomes and noise pollution must also be determined. It is important to become familiar with the DEIS and reviewer assessments and provide comments to MDOT and government officials.
Stay Informed
Dontwiden270.org will send out newsletters and post information about DEIS reviewer findings and important MDOT notices.
Citizens Against Beltway Expansion (CABE) will provide up-to-date bulletins.
Sign on to the MDOT mailing list for updates.
Write Letters to Government Officials
Write FHWA Environmental Program Manager Jeanette Mar and MDOT Secretary Greg Slater and tell them to extend the DEIS comment period to allow Maryland residents to actively participate in the consequential decisions related to the I-495 & I-270 Managed Lane Study. The public must be given enough time to review the DEIS analysis, submit comments, and express concerns. Given the ongoing Covid-19 pandemic, at least 120 days are necessary to provide sufficient opportunity for public comment.
Provide Comments on the DEIS
Review the DEIS, reviewer information, and related media commentary. Send comments on the DEIS to MDOT. Information on how to provide comments can be found at Provide Feedback. The public will have only 90 days (July 10 – October 8) to comment on the report.
Sign Up to Help Review the DEIS
Volunteers are needed to review sections of the DEIS and flag problematic issues. Experience is not necessary; you will be provided instructions on how to help. Fill out this interest form to volunteer.
CONCERNS ABOUT THE DEIS
Community Concerns
Leaders of 44 environmental and community groups signed an open letter to MDOT and the FHWA calling for the comment period to be extended to at least 120 days.
The Maryland Sierra Club: The Sierra Club put out a press release on July 10, 2020 that the sheer size of the DEIS indicates that this project warrants intense scrutiny and that, despite its size, the DEIS does not outline key alternatives such as public transit and better land use planning nor examine telecommuting’s role in reducing congestion.
Dontwiden270.org: By releasing an 18,000-page DEIS in the middle of a health and fiscal emergency and then failing to provide adequate time for document review, MDOT shows disregard for public input. No one knows what post-pandemic commerce, employment, and traffic patterns will look like -- the entire effort should be paused until the pandemic subsides.
Citizens Against Beltway Expansion (CABE): The $11 billion I-495/I-270 expansion is too big and will affect too many lives over the next 50 years to accept an 18,000 page DEIS that offers vague assurances that pollution and flood risk won’t increase and parks and communities will be protected. The public needs time to review this draft statement, and MDOT needs to release the secret traffic and revenue studies being used to justify this massive, high-risk project.
National Parks Conservation Association: This proposed expansion threatens many national parks without solving the region’s transportation needs. Should this proposal move forward, over 300 acres of local parkland – including valuable green space in an increasingly urban area -- could be paved over.
Legislative Concerns
Four members of Congress sent a letter to state and federal officials asking for an extension of the DEIS public comment period to at least 120 days to ensure genuine public access and engagement. The Congressmen and Senators pointed out that the DEIS findings indicate significant environmental consequences for diverse constituencies living along a 48 mile corridor, potentially affecting the lives of Maryland residents for generations.
Maryland state legislative leaders on transportation issues sent a letter asking MDOT secretary Greg Slater to consider new approaches to transportation in the state and encourage alternative modes of transportation. The delegates maintain that traffic congestion can be cut without highway expansion.
Maryland-National Capital Park and Planning Commission (M-NCPPC)
The M-NCPPC is the regional planning agency for Montgomery and Prince George’s County. Its mission is to plan communities and steward natural, cultural, and historic resources. As a Cooperating Agency, M-NCPPC was provided an Administrative draft of the DEIS in January 2020 and subsequently submitted more than 300 specific comments to the draft. In a June 8 memorandum, M-NCPPC staff identified major issues for the Commissioners to consider.
The M-NCPPC full Commission met July 15, 2020 to discuss the DEIS and propose recommendations. A video of the meeting and copies of the slides are available. Based on the discussion, the Commission will submit formal comments to the DEIS. Its findings will be issued to the public. Dontwiden270.org will provide information when the report becomes available.
What Comes After the Comment Period?
MDOT will select the preferred alternative.
MDOT will review comments and revise the EIS and issue a final EIS. This is scheduled for spring 2021 but this project has frequently missed deadlines.
The process will conclude with a Record of Decision (ROD), which is the decision document issued by the FHWA indicating formal federal approval of the EIS. The ROD will explain the reasons for the project decision and identify the alternative(s) that causes the least damage to the environment based on the information in the EIS. This document authorizes MDOT to proceed with design, land acquisition, and construction.
DEFINITIONS
What is an EIS?
An EIS is a NEPA document required for all construction projects that can have significant environmental effects. It is a comprehensive report describing the environmental impacts on the physical, cultural, and human environments and plans to mitigate the impacts. The EIS determines compliance with other applicable environmental laws and documents the decision-making process in identifying a selected alternative.
The FHWA issued a Notice of Intent (NOI) to prepare an EIS for the I-495 & I-270 Managed Lane Study on March 16, 2018. The intent of this EIS is to evaluate the potential environmental impacts of selected alternatives and a no-build alternative within the specific study scope. It should include a review of existing and future traffic, roadway infrastructure, and environmental conditions to establish context for the identification of alternatives and assessment of potential impacts.
What is NEPA?
The NEPA Act of 1969 is a federal environmental law that established processes to evaluate the needs and benefits and the potential environmental impacts arising from a federal action before undertaking any proposed action that may affect the environment. NEPA establishes procedural requirements and requires federal agencies to prepare a detailed statement on the environmental impact of the proposed action, any adverse effects, and alternatives to the proposed action. NOTE: On July 15, 2020, the Trump administration announced the scaling back of NEPA. Watch for updates on how this might affect the toll-lane project.